Trevor Sargent (Dublin North, Green Party)

Ba mhaith liom mo bhuíochas a ghabháil le mo chomhleacaí i mBaile Átha Cliath Thuaidh, an Teachta Darragh O'Brien, as ucht a chuid ama a roinnt liom.

I welcome the opportunity of saying a few words on this important legislation amending the Criminal Law (Insanity) Act 2006. The fact that we are coming back to legislation that was passed in 2006 highlights the rate of development in this area. The Government is conscious of its responsibility to do everything possible, within the very restricted resources we have, to stay up to date and to respond, as well as it can, to the professional advice in this area. The wording, "guilty but insane" is not acceptable when one is defining someone's position in law. The term, "not guilty by reason of insanity" is much clearer. There are also issues regarding fitness to be tried. Those amendments come on the back of recommendations that have come to Government. I applaud the Minister of State, Deputy John Moloney, for acting on the advice he gets. He has shown himself to be very genuine and serious about his responsibility for mental health. Those of us in Dublin North know of his interest in St. Ita's Hospital and in the work done in collaboration with the professionals, the community, the patients and their relatives in the hospital. That must be acknowledged.

The Bill gives us an opportunity to reflect on the recommendations that have come to us from different organisations, not least from Amnesty International, an organisation with which I have a long involvement. As the name of that organisation suggests, it draws on its experience worldwide in the area of human rights. Last Sunday being world mental health day makes it all the more appropriate that we reflect on the context of this legislation. The report launched last Sunday by Amnesty International and its campaign challenging prejudice and discrimination against people with mental health problems point to the need for more work in this area. The report, Hear my Voice: the Experience of Discrimination by People with Mental Health Problems, explores the experience of unfair treatment and discrimination as perceived by people directly affected by these issues. This happens in all sorts of subliminal ways but it comes to a very serious impasse for the very small minority of people who become involved in the criminal justice system.

As the Amnesty International campaign highlights, mental health is a matter for everybody. Many people would say they are driven mad by politics. There are many interpretations of what that might mean but there is no doubt that mental health is something to which we must all have regard. We must overcome the stereotype that is a throwback to outdated ideas. The Amnesty International campaign on mental health prejudice and discrimination was launched with DCU. The report presents some glaring findings. It states that 95% of participants reported some level of unfair treatment because of a mental health problem. The vast majority, or 86%, of respondents indicated experiencing distress resulting from unfair treatment. In addition, 64% reported unfair treatment in making or keeping friends, 63% reported being avoided or shunned because of mental health problems, 61% reported unfair treatment by family, 44% reported unfair treatment in terms of personal safety, 43% reported being treated unfairly in keeping a job, 36% reported unfair treatment in finding jobs and 66% decided against applying for work on the basis of perceived prejudices. This evidence clearly suggests the disempowering effect this stereotyping can have on the people concerned.

The Government ought to act without further delay to meet the report's recommendation that Ireland ratify the Convention on the Rights of Persons with Disabilities and its optional protocol. The Government and Amnesty International need to work closely together given the latter's international experience and the former's wherewithal to bring about change. Thankfully, the changes required are not capital intensive. However, they require leadership in highlighting the potential for good attitudes towards mental health.

I commend the Minister of State, Deputy Moloney, in that regard. Both of us have had the honour of attending a suicide awareness fundraiser in the Four Seasons Hotel, at which the Minister of State was recognised as being aware of the challenges faced by people who are feeling suicidal. In light of what he had to say on that occasion, I am proud to be a Member of a Government in which he has a portfolio. By speaking from the heart, he demonstrated the leadership we require. While accepting that money and resources will have to be found, he also highlighted the fact that Government involves more than resources.

I was reminded that leadership can be expressed in different ways while attending the launch of a research report in Balbriggan town hall last Friday. The report, which investigated youth well-being in Balbriggan, discussed issues of facilities, counselling services and feelings of self-esteem and it did not shy away from mental health in young people. Some 27% of the population of Balbriggan is aged 18 or below, compared to a national average of 21%.

I compliment the Headstrong organisation on its innovative approach to the area of mental health in terms of providing services which will make it less likely that people have to engage with the Criminal Law (Insanity) Bill 2010. Those who receive Headstrong's support have an affirmation that they will be able to become constructive and full members of society.

I commend the youth advisory panel and its working group on producing the A Voice Being Heard research report on youth well-being in Balbriggan and Amnesty International on its ongoing work in highlighting human rights issues in the area of mental health, prejudice and discrimination. This Bill is informed by the latest research and will ensure that a humane and understanding approach is taken to people with mental health issues. That is a good reason to support its passage through the House.

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